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Ex-Hasbeen

Letter of Demand?

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My daughter had an accident this morning in her car. It was not her fault, the other lady was merging lanes and got her halfway down the side. The stupid thing my daughter did though was let her insurance lapse a few months ago. 

I've had her go to the police this morning to report it, and to get the other party's details. Amber was not in any state to do things properly when it happened, and all the other party gave her was a first name & phone number before she left her. The police had her ring to talk to the boss (work car) and she now has all the details.

Having never done this before, how do we go about it? One of the panel beaters this morning said don't do anything till her insurance company calls us, then provide the quote. I would have thought we should do a letter of demand & send it through, but having never had to do it before, I'm not sure?

 

Any experience on here?

 

Edit to add: She's OK, just very upset.

Edited by Ex-Hasbeen

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I wouldn't wait for the insurance company, put a nice letter through saying you believe their driver was at fault and you would like to see them rectify the car's damage - no more, no less.  If they are reasonable they may prefer to do it outside of insurance, or they will put you onto their insurance.  As an example - my current company pays all car related rectifications below $2K without going through insurance, it's just not worth it for the smaller incidents.  They may want to see you get a few quotes, or get their people to quote (depending on how big they are and if they have someone they use for all of their work they trust)

If they want to get hard, you'll find plenty of lawyers that will put things into motion should they choose not to co-operate.  Similarly if the insurance company gets involved and plays hardball.  I had a lawyer for a dodgy taxi driver that tried to blame me and claim erroneous damages, I was told right from the start if I fought anything it would add to the legal bill I would be paying (but they loss and got nothing) - so I assume there are lawyers out there more than happy to make the other party pay

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If their insurance are taking care of everything, it may go ok.  Maybe give them a chance to get in touch with you.  We dealt through our insurance company when someone damaged our car, but their insurance company called us pretty quickly and said they could sort it all of we wanted.

In my mind, you wanna let everyone try and do the right thing first, and if it looks like the wheels aren't moving then push the issue.

Just make sure you've got everything documented, including conversations (with everyone you've spoken to), a timeline etc, for now.  And make sure every discussion with anyone about it is documented and time lined from now.

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Thanks guys. Yep, I've had her write up everything & send me copies of all the texts. I've put together a real simple letter of demand which we'll send through next week when the quotes come in. Maybe we'll have heard from their insurer by then.

 

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The at fault party just needs to lodge with their insurer and supply the claim number to your daughter, then she can go directly through the insurance company.

Assuming there is one and the other person accepts fault.

If they don't, then I don't know and good luck.

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Ah daughters & cars.  Ain't it fun when you get the teary phone call!

Our youngest totaled her first car in the wet (a 360 then a 180 spin into the guardrails  on the opposite side of the road).  We only had 3rd Party insurance on it.  Towed to the wreckers ($252) who gave her the princely sum of $120 for it (she thought she'd get $000s :lol:).  Big lesson learned.

Then a hungover uninsured P-plater rear-ended her new car on the same road a year later.  She took pics on her phone including of his licence and got all his details.  This car had comprehensive insurance with Youi and they were very good.  They paid for her to have it repaired (only needed a new bumper but that was bloody $1000 alone) & pursued the bloke who agreed to pay back Youi in installments.

Last month our 18yo niece totaled her car in the wet.  Off on a corner, through a ditch which launched her clear over a farm fence, slid for over 50m in the paddock & stopped a metre from a creek edge.  My brother had comprehensive on that car, so now she's got another and hopefully has learned how quickly things can go pear-shaped and will be more careful esp in the wet (like our youngest now is).

 

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Happy ending to this one.

After sending the letter through last week, my daughter spoke to the other party's insurance company this afternoon, and they have contacted one of the panel beaters she went to to organise the repairs. They've agreed with her that it was the other party's fault, and she won't be out of pocket for the repairs.

Edited by Ex-Hasbeen
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